Terminating an Employment Contract Before Retirement Age: What Should Businesses Consider?
Question: Our company has a male employee who will reach the retirement age in December 2025 as prescribed by law. Currently, we wish to terminate his employment contract before the official retirement date in order to recruit a replacement. What should the company consider when proceeding with this? Answer: According to Clause 1, Article 34 […]
Foreign Experts Working Short-Term in Vietnam: Work Permit Required?
Question: Our company plans to sign an employment contract with a foreign expert to work in Vietnam for two months. In this case, is a work permit required? Answer: According to Clause 1, Article 151 of the 2019 Labor Code: "Foreign employees working in Vietnam must obtain a work permit, except for cases exempted as prescribed." […]
What are some recommendations for applying for and protecting communication technology-related patents in Vietnam?
Please refer to our recommendations below: Carefully review the legal framework and examination regulations: Ensure the application meets all formal and substantive requirements. Consider removing non-server software programs: For patent applications related to non-server software programs, in some specific cases according to the Annex 1 of Guidelines for determining the eligibility for patent protection of […]
New Points in Decree No. 06/2025/ND-CP on Adoption
On January 8, 2025, Decree No. 06/2025/ND-CP officially came into effect, amending and supplementing certain provisions of decrees related to adoption. Below are the key new points: 1. Amendment to the Validity Period of the Criminal Record Certificate The Criminal Record Certificate issued by a competent foreign authority is now valid for 12 months (previously […]
Legal conditions and procedures for establishing a branch of a foreign enterprise in Vietnam
Question: Foreign enterprises may establish a branch in Vietnam to conduct business activities. However, I would like to gain a clearer understanding of the legal requirements and procedural steps involved in establishing a branch under Vietnamese law. Answer: According to Article 8 of Decree No. 07/2016/ND-CP, foreign businesses must meet the following conditions to […]
Procedures for Converting Garden Land to Residential Land
As soon as VietTimes published the article “Hanoi residents ‘shocked’ as land use fees skyrocket under the new pricing table”, many readers inquired about whether their parents, who own garden land, could convert it into residential land, what procedures were required, and how much they would have to pay. Regarding the issue of converting garden […]
What is the legal framework governing patent examination in Vietnam?
The legal framework for patent examination in Vietnam is primarily based on the following (*) INTELLECTUAL PROPERTY LAW 2005, AMENDED IN 2022 Article 3. Subjects of intellectual property rights Subjects of copyright include literary, artistic and scientific works; subjects of rights related to copyright include performances, sound recordings, video recordings, broadcast programs, and encrypted satellite […]
Is it mandatory for a third fixed-term labor contract to be converted into an indefinite-term contract for foreign workers?
Question: As I understand, in Vietnam, a fixed-term labor contract for the third time must be converted into an indefinite-term labor contract. However, I am not sure if this regulation applies to foreign workers. Answer: According to Clause 2, Article 151 of the Labor Code 2019, the term of a labor contract for foreign workers […]
KIND-HEARTED, BUT CHARITY MUST COME FROM THE HEART
'La lanh dum la rach’ reflects one of the beautiful traditions of our nation. The spirit of mutual support and affection is always demonstrated through charitable activities. These activities represent a kind heart; however, a kind heart must be tied to charitable actions that come from the heart. The fundamental requirement of heartfelt charitable activities […]